By Amanda Lombard.
In Fadely v. Encompass Health Valley of Sun Rehabilitation Hospital, the Arizona Court of Appeals clarified enterprise liability under the Arizona Adult Protective Services Act (APSA). According to Fadely, APSA enterprise liability applies to any member of the “continuing unit” of care, not merely direct perpetrators of elder abuse. The court’s interpretation of enterprise liability is not an expansion of APSA, but rather aligns with the plain language and legislative intent of A.R.S. § 46-455. Unless or until the Arizona Legislature directs otherwise, Arizonans should maintain the ability to allege APSA claims against any person or entity involved in the provision of elder care.